City of Fenton, MO Article III Major Subdivisions

Section 440.090 Sketch Plan.

[R.O. 2009 § 480.070]

A. Purpose. Prior to submitting a Preliminary Plat, a Subdivider may submit to the Director a sketch plan for the tract. Although not required, sketch plan submission allows the Director to provide input on the merits and feasibility of the proposed Subdivision to the Subdivider in advance of the Preliminary Plat submission.

B. Submission Requirements. The following items shall be indicated on the sketch plan:

1. The name, address, and telephone number of the Subdivider.

2. Names of owners of all property adjoining the subject Lot(s).

3. The locator number, zoning, acreage, graphic scale, north arrow, location map, and date.

4. The name, address, seal, and signature of the preparer.

5. Location and length of existing and proposed Lot Lines and the number of proposed Lots.

6. Existing and proposed Streets and easements within and adjacent to the subject Property, including pavement materials and widths.

7. Contours and five-foot intervals.

8. Where applicable, the location of all watercourses, including lakes and ponds, within two hundred (200) feet and/or any 100-year floodplain and the floodway.

9. The location of existing and proposed water lines, sanitary sewer lines and storm drainage lines, and Structures.

C. Review Procedure. The Director shall review and evaluate the sketch plan as soon as practical and report the feasibility of the Subdivision contemplated by the sketch plan to the Subdivider.

Section 440.100 Preliminary Plat.

[R.O. 2009 § 480.080]

A. Purpose. The Preliminary Plat is to provide a map of a proposed Subdivision that indicates the character and layout of the Property in sufficient detail to indicate the sustainability of the proposed Subdivision.

B. Submission Requirements.

1. The Subdivider shall submit an application for Preliminary Plat on forms provided by the City, along with the application fee in accordance with Addendum A. The Preliminary Plat, signed and sealed by a registered professional engineer or registered land surveyor licensed in the State of Missouri at a scale of not less than one (1) inch equals one hundred (100) feet, submitted with the application shall include the same details required for sketch plans in Section 440.090 in addition to the following:

a. The name of the Subdivision if within a previously platted Subdivision.

b. The proposed name of the Subdivision if not within a previously platted Subdivision. The proposed name of any new Subdivision shall not duplicate or closely approximate phonetically the name of any other Subdivision within the City.

c. The Property name if no Subdivision name has been chosen.

d. A key map on the first sheet if the entire Subdivision will not fit on one (1) sheet and match lines to facilitate the matching of separate sheets.

e. Municipal, County and Public-School District boundaries within two hundred (200) feet.

f. If the Subdivider is not the owner, a statement consenting to the Subdivision signed by the owner.

g. The location, size, and purpose of any existing or proposed easement, Street, or Lot reserved or dedicated to public use.

h. The names, locations, and widths of all existing or platted Streets within and immediately adjacent to the proposed Lot(s).

i. Existing Trust Indentures, if applicable.

j. Lot Lines with accurate dimensions, bearing or deflection angles, radii arcs, and central angles of all curves.

k. The number of proposed Lots and all applicable Setbacks.

l. Location and name of proposed Streets. The maximum grade of all Streets shall be shown on the drawings or verified on a written form.

m. Existing and proposed location of all storm and sanitary sewers within and immediately adjacent to the Subdivision.

n. Proposals for connection to an adequate public water supply and sanitary sewer systems or other means of providing water and sewage disposal.

o. Proposals for collecting and discharging surface water drainage including location of all Detention/Retention Areas.

p. The number, size, and type of trees to be planted in the Subdivision.

q. All existing Buildings within one hundred (100) feet of the Subdivision.

C. Review Procedure.

1. The Commission shall hold an informational public meeting on the Preliminary Plat. The Subdivider shall be notified of the time and place of the public meeting by a letter sent no fewer than five (5) days before the scheduled date.

2. In addition to the above, the Director shall cause a Sign or Signs, not less than two (2) feet high by three (3) feet wide, to be placed on all Lots on which an application for a Subdivision has been filed with the Commission.

a. Sign or Signs shall be placed on such Lots so as to be clearly visible to the traveled portion of such abutting Street. The Director shall determine the number of additional signs to be placed that may be necessary to carry out the intent of this Code.

b. All Signs shall have letters not less than two and one-half (2 1/2) inches in height and not less than three-eighths (3/8) inch in width with the following: "PUBLIC MEETING."

c. The Director may provide for such additional information to be placed on any such Sign which would serve to fully inform the public as to the nature of Subdivision pending before the Commission.

d. Any person or persons, firm, association, or corporation who shall remove, mar, scratch, obliterate, or in any manner deface, hide from view, or tamper with any such Sign or Signs shall be deemed guilty of an ordinance violation and, upon conviction, shall be punished as set out in Section 100.120 of this Code.

3. Failure to comply with any notice or posting requirements of this Section which are greater than required by state law shall not be a basis for invalidation of any approval.

4. The Director shall write a recommendation to the Commission based upon the review of the Preliminary Plat. The Commission shall report to the Board its decision including any conditions of approval or reasons for denial. The Board may uphold or reverse the decision of the Commission.

5. Phasing Major Subdivision Plats. Prior to granting Preliminary Plat approval of a Major Subdivision Plat, the Subdivider may request the Plat to be divided into two or more phases. The Subdivider shall submit a master Preliminary Plat showing all future phases as well as a Preliminary Plat for the first phase(s) being submitted and from time to time thereafter for the remaining phases. The Commission may recommend, and the Board approve the phasing of the Subdivision through approval of the master Preliminary Plat with such conditions as it may deem necessary to assure the orderly development of the development. The Commission may recommend and the Board may require that the Subdivision improvement guarantee agreement be in such amount as is commensurate with the phase or phases of the Preliminary Plat to be filed and may defer the remaining amount of the guarantee until the remaining phases of the Preliminary Plat are offered for filing if doing so will adequately protect the public and ensure completion of all improvements necessary to support the phase or phases under review regardless of whether the improvements are physically located in the current phase or phases. In such case, the construction and Final Platting of the first phase shall be completed within two (2) years of the date of approval of the Preliminary Plat. Subsequent phases of the Preliminary Plat may be submitted covering portions of the approved Preliminary Plat; provided, however, that all phases of the Preliminary Plat must be completed within four (4) years of the date of approval of the Preliminary Plat. If all phases of the Preliminary Plat have not been completed within four (4) years of the date of approval of the Preliminary Plat, then the Preliminary Plat shall be resubmitted to the City for extension and approval in accordance with the provisions of Section 440.100 hereof. If an extension and approval is not granted, the original Preliminary Plat approval shall be null and void.

6. Standards for Approval of Preliminary Plats. No Preliminary Plat shall be approved by the Commission unless the Commission finds that the Subdivider proves by clear and convincing evidence that:

a. Definite provision has been made for a water supply system that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of Subdivision proposed;

b. Adequate provision has been made for the public sewage system and, if other methods of sewage disposal are proposed, that such systems will comply with federal, state, and local laws and regulations;

c. All areas of the proposed Subdivision which may involve soil or topographical conditions presenting hazards or requiring special precautions have been identified by the Subdivider and that the proposed uses of these areas are compatible with such conditions;

d. The proposed Subdivision will not result in a scattered Subdivision that leaves undeveloped Property lacking urban services between developed Lots;

e. The proposed Subdivision provides for an adequate supply of light and air to each property, does not substantially increase the congestion in the Streets, does not increase the danger of fire, and protects property values within the Subdivision and surrounding areas;

f. The proposed Subdivision complies with the provisions of this Chapter 440, or if applicable for a PUD, Chapter 440, Article V;

g. The Subdivider has taken every effort to mitigate the impact of the proposed Subdivision on public health, safety, and welfare; and,

h. The Subdivision is zoned for the use to which the proposed Subdivision will be put and the proposed use is consistent with the Comprehensive Development Plan. The Commission and/or Board is not required to approve a Plat solely due to the fact that the proposed Subdivision has the proper zoning or that the proposed use of the Subdivision is consistent with the Comprehensive Development Plan.

i. All Lots within the proposed Subdivision must comply with all applicable regulations within this Code.

D. Commission Action. Within sixty (60) days after submission of the Preliminary Plat to the Commission as set forth in Subsection 440.100(B)(2) of this Chapter following submission of a completed application as determined by the Director, the Commission shall take action on the Preliminary Plat; otherwise the Preliminary Plat is deemed approved by the Commission and forwarded to the Board, except that the Commission, with the consent of the Subdivider, may extend the sixty-day period. Unless postponed as set forth herein, the Commission shall recommend that the Board take one (1) of the following actions:

1. Approval. Approve the Preliminary Plat as submitted. Approval shall be valid for one (1) year, and extensions of approval may be granted by the Board. In the case of Subdivisions being developed by sections, extensions of approval shall be automatic for all sections so long as construction is in progress in any section.

2. Conditional approval. Approve the Preliminary Plat conditionally. The City may accept a plan addressing conditions of approval but shall not accept any submission from the Subdivider attempting to change, amend or otherwise modify the application or plan under review, unless the proposed changes are responsive to a condition or stipulation made by the Commission in its recommendation for approval of the Plat.

3. Disapproval. The Commission may disapprove the Preliminary Plat if the Preliminary Plat fails to comply with applicable requirements of this Code referencing reasons for disapproval.

E. Board Action. The Commission's recommendation shall be forwarded to the Board for review. Unless postponed by the Board, the Board may take any action on the Plat that is available to the Commission in Subsection 440.100(D)(1) through (3) above. Board approval of the Preliminary Plat constitutes authorization for the Subdivider to proceed with the preparation of Improvement Plans for review and conformance with the Preliminary Plat and the preparation of the Final Plat.

F. Preliminary Plat Approval.

1. Following approval by the Board, the Subdivider shall provide copies of approved Preliminary Plats as requested by the Director incorporating any required changes so that they may be signed by the Director; one (1) copy shall be returned to the Subdivider. Such plats shall state that the approval is not final and that the Preliminary Plat is not to be recorded. The Director shall include the expiration date on the plat.

2. Except when approved for phases, as described above, the Preliminary Plat approval shall be effective for one (1) year during which time the approved Preliminary Plat shall not be affected by any changes in these regulations or the Zoning Code. The Board may, in its discretion, grant an extension of time, up to a maximum of six (6) months. More than one (1) extension of time may be granted by the Board. If final approval or an extension has not been obtained during this period, the Preliminary Plat shall be null and void and preliminary approval shall again be required, subject to any new ordinance or physical change in the development area.

3. Preliminary Plat approval does not constitute acceptance of Streets, Lots, or other facilities to be dedicated.

4. The approval of a Preliminary Plat or extension thereof may be revoked after a duly noticed meeting for the same by the Board if there has been a major change in conditions involving the Subdivision which would adversely affect the public health, safety, or welfare or if the improvements approved are not built in accordance with plans. The Subdivider shall be notified of the time and place of the meeting by registered or certified mail sent not fewer than five (5) business days before the scheduled date.

Section 440.110 Improvement Plans.

[R.O. 2009 § 480.090]

A. Purpose. The Improvement Plans detail the construction and types of materials to be used in conjunction with the development of the Subdivision.

B. Submission Requirements.

1. The Subdivider shall submit five (5) sets of Improvement Plans based on the Preliminary Plat approved by the Board to the Director for review.

2. Improvement Plans at a scale of not less than one (1) inch equals one hundred (100) feet, shall include the following:

a. North arrow, graphic scale, and date.

b. Title block showing the name and address of the Subdivider and Subdivider's registered professional engineering firm, as well as the engineer's seal.

c. One (1) or more benchmarks in or near the Subdivision to which the Subdivision is referenced.

d. List of standards and specifications followed for items and operations of construction that appear in the Improvement Plans.

e. Grading plan indicating existing and proposed contours, grading, and compaction details, and details of protective methods to prevent silt and mud damage to off-site Streets and properties during construction.

f. Street name Signs, stop Signs, and the proposed Subdivision entryway Sign, indicating their location and specifications.

g. Profiles of center-line elevations of all Streets; approximate radii of all curves, lengths of tangents, and central angles of all Streets.

h. Plans and profiles showing the locations and typical cross sections of Street pavements including curbs and gutters, sidewalks, drainage easements, any unpaved grass area between Street edge and sidewalks, fire hydrants, manholes, and catch basins; the location, size, and invert elevations of existing and proposed stormwater drains and sanitary sewers including connections to existing or proposed systems; and the location and size of water lines, gas lines, or other underground utilities, Detention/Retention Area location, size, and hydraulic calculations, and sight distance calculations for all entrance and exit Streets.

i. Natural features within and adjacent to the proposed Subdivision, including any natural resources and other drainage channels, bodies of water, wooded areas, and other significant features. On all watercourses leaving the tract, the directional flow shall be indicated, and for all watercourses entering the tract, the approximate drainage area and watershed name above the point of entry shall be noted.

j. Storm drainage analysis showing drainage data for all watercourses or drainage ways entering and leaving the Plat boundaries. The storm drainage design shall be prepared to demonstrate the proposed system's capability of accommodating not less than the current MSD requirements.

k. Designation of any portion of the Property located with the 100-year flood plain.

l. Landscape and lighting plans.

m. Details of the demolition of existing Structures, when applicable.

3. Improvement Plans shall be accompanied with the following documents:

a. Trust Indentures to be recorded with or on the Final Plat.

b. Street names and numbers obtained from St. Louis County's Department of Revenue, Mapping Division, or other agency with jurisdiction.

c. Written approval of the sanitary and storm sewer systems, indicating approval of plans submitted for review by MSD.

d. Copy of contract with the Missouri American Water Company for water service to all Lots.

e. Certified statement by the Subdivider's engineer of the estimated cost of improvement installation which the Director has approved by initialing the same. This provision is only applicable if the Subdivider intends to install improvements after the Final Plat is approved.

f. Certificate or other proof indicating that all taxes to the last paying tax period have been paid.

g. If the Subdivision fronts on a public Street not owned/maintained by the City, a letter from the public agency stating approval of the proposed access together with any conditions which have been stipulated.

C. Improvement Plan Review.

1. Sanitary sewer and stormwater plans shall be reviewed and approved by MSD and such sewers shall be designed, constructed, and installed in conformance with MSD regulations.

2. The Director shall review the Improvement Plans to verify that the proposed Subdivision is in conformance with the Preliminary Plat and the City's design standards, and that all required items as provided in Section 440.110(B) above have been provided.

3. The Director may provide copies of the improvements plans to other appropriate City officials, professional consultants, and/other jurisdictional entities for review.

D. Improvement Plan Approval and Fees.

1. Once all required approvals have been provided and the Director has determined that all applicable provisions of this Chapter have been satisfied, the Director shall sign and date five (5) copies of the Improvement Plans. One (1) signed copy shall be returned to the Subdivider.

2. The Director shall give written notice to the Commission and Board of such approval.

3. Approval of the Improvement Plans shall be effective for one (1) year. No extensions shall be granted without the Subdivider resubmitting plans and the required accompanying documents for reapproval. A filing fee in accordance with Addendum A[1] for Preliminary Plat extension shall be charged for resubmission.

[1] Editor's Note: Addendum A, Fee Schedule, is included as an attachment to Chapter 405.

4. The filing fees and deposits set forth in Addendum A shall be paid in anticipation of the City's expenses incurred in processing the application or submission at issue, including, but not limited to, administrative and clerical costs, inspections, costs of title research, surveys, legal, engineering and planning review, cost of traffic and planning consultants employed by the City, publication expenses, expenses of notification to adjoining property owners, expenses of hearings including employing a court reporter, if requested by either the City or the Subdivider, and other investigations deemed necessary by the City. Processing and all other actions related to the application or submittal shall not proceed until the applicable fee is paid in full.

5. In the event the fee or deposit noted are insufficient to pay all such expenses incurred by the City, the Director may document additional costs incurred by the City and request payment of same within thirty (30) days. Processing and all other actions related to the application shall not proceed until such additional sums are paid in full. Any and all unused portions of any additional sums required under this Section shall be refunded to the Subdivider when so requested in writing.

Section 440.120 Improvement Guarantees.

[R.O. 2009 § 480.100]

A. Improvement Guarantee Required. After the Improvement Plans have been approved and all inspection fees paid, but before approval of the Final Plat, the Subdivider shall guarantee the completion of improvements required by the approved Improvement Plans ("required improvements") of such improvements as required herein. Except as provided in Section 440.120(B), the Subdivider shall either:

1. Complete the improvements in accordance with the approved Improvement Plans under the observation and inspection of the appropriate public agency agreement; or

2. Establish a deposit under a deposit agreement with the City guaranteeing the construction, completion, and installation ("construction deposit") as required herein and for the improvements shown on the approved Improvement Plans within the improvement completion period approved by the City, which shall not exceed two (2) years.

B. Exceptions.

1. No guarantee or deposit is required with the City for sanitary and storm sewers required by MSD if MSD confirms that its requirements for assurance of completion are satisfied. This provision shall not affect the intent or enforcement of any existing guarantee, escrow, or renewal, extension, or replacement thereof.

2. The City may require any specific improvement to be installed prior to approval of the Final Plat where failure to install such improvement prior to further development could result in damage to the site or surrounding properties.

C. Deposit Options. Deposits required by this Section 440.120 shall be in conjunction with a deposit agreement and may be in the form of cash or letter of credit as follows:

1. Cash deposited with the City Clerk to be held in an interest-bearing account dedicated for that purpose, with all interest accruing to the City to offset administrative and other costs of maintaining the cash deposits.

2. An irrevocable letter of credit drawn on a local Financial Institution acceptable to and in a form approved by the City Attorney. The instrument may not be drawn on any Financial Institution with whom the Subdivider or a related entity has any ownership interest or with whom there is any joint financial connection that creates any actual or potential lack of independence between the Financial Institution and the Subdivider. The letter of credit shall provide that the issuing Financial Institution will pay on demand to the City such amounts as the City may require to fulfill the obligations herein and may be reduced from time to time by a writing of the City. The letter of credit shall be irrevocable for at least one (1) year and shall state that any balance remaining at the expiration shall automatically be deposited in cash with the City Clerk unless a new letter of credit is issued and agreed to by the City or the City issues to the Financial Institution a written release of the obligations for which the letter of credit was deposited. The Subdivider shall pay a non-refundable fee, in the amount set out in Addendum A,[1] to the City with submission of a letter of credit, and the same fee for any amendment or extension thereto, to partially reimburse the City's administration and review costs in accepting and maintaining such letter of credit.

[1] Editor's Note: Addendum A, Fee Schedule, is included as an attachment to Chapter 405.

D. Amount of Deposit. The construction deposit required of a Subdivider establishing a deposit agreement pursuant to Section 440.120(A)(2) shall be in the amount of one hundred ten percent (110%) of the Director's estimate of the cost of the construction, completion, and installation of the required improvements. The City may adopt, to the extent practical, schedules reflecting current cost estimates of typically required improvements. Where certain improvements are required to be installed prior to approval of the Final Plat pursuant to Section 440.120(B)(2), the gross deposit amount for the construction deposits shall be reduced by the estimated cost of such improvements.

E. Deposit Agreement—Releases. The deposit agreement shall be entered into with the City, shall require the Subdivider to agree to fulfill the obligations imposed by this Section 440.120, and shall have such other terms as the City Attorney may require consistent with this Section 440.120. The agreement shall authorize the designated City Official to release the cash or reduce the obligation secured under the letter of credit as permitted herein. Such releases or reductions may occur upon completion, inspection, and approval of all required improvements within a category of improvements, or may occur from time to time, as work on specific improvements is completed, inspected, and approved, provided however, that:

1. Releases-general. The City shall release the cash or release the letter of credit as to all or any part (by category) of the Subdivider's obligation only after construction, completion, and installation of all of the improvements as required by the approved Improvement Plans, receipt of requisite written inspection request from the Subdivider, receipt of requisite written notification from all appropriate inspecting public authorities, and approval by the Board (or its designee); and only in the amounts permitted herein.

a. Inspections. The Director shall inspect each category of improvement or utility work within twenty (20) business days after an inspection request has been filed with the City Clerk by the Subdivider and no inspection shall be required until such request is received by the City Clerk. For purposes of this Section, an "inspection request" shall constitute and occur only on a completed written request on a form provided by the City which shall include:

(1) The category of improvement reflected in the deposit agreement that is requested to be inspected;

(2) An engineer's certification (or other professional's certification, in the case of landscaping) that the category of improvement has been installed and on the date of inspection application is maintained and in conformance with the final approved Improvement Plans and all applicable requirements thereto and is therefore ready for inspection; and

(3) A verified statement in the form designated by the City from the representative officer of the Subdivider attesting that the information in the inspection request is true and accurate. Nothing herein shall preclude the Director from completing additional inspections at his/her discretion or as a courtesy to the Subdivider.

b. Successor Subdivider. A Subdivider must be released from all further obligations if a replacement performance guarantee in the form provided in this Section in an amount equal to or exceeding the value of the unreleased portion of the original guarantee is given by another Subdivider. The release of the original guarantee shall not occur until after the replacement guarantee has been finalized and approved by the City.

2. Extension of completion period. If, at the end of the improvement completion period, all the improvements shown on the approved Improvement Plans have not been completed, the Subdivider may request and the Board may grant an extension to the improvement completion period for a period of up to two (2) years if after review by the City such longer period is deemed necessary to facilitate adequate and coordinated provisions for transportation, water, sewerage, schools, parks, playgrounds, or other public improvements, facilities, or requirements so long as all guarantees are extended and approved by the City Attorney; provided that the City may require as a condition of the extension execution of a new agreement, recalculation of deposit amounts, or satisfaction of new Code requirements or other reasonable conditions as may be needed to ensure that the extended agreement fully complies with the terms of this Section 440.120.

3. Construction deposit releases. After an inspection of any specific improvements, the Director may at its discretion release up to but not more than ninety-five percent (95%) of the original sum deposited for the construction of such specific required improvements. Irrespective of any discretionary prior releases that may be authorized by the Director after completion of any component of the guaranteed improvements (i.e., less than all of the improvements in a given category), the remaining amount held for any category of improvements for the entire Subdivision shall be released within thirty (30) days of completion of all of the improvements in such category of improvement, minus a retention of five percent (5%) which shall be released only upon completion of all improvements for the Subdivision. The City shall establish the improvement categories, which may consist of improvement components or line items, to be utilized for calculation of deposit amounts, but such categories, components, and line items shall in no way modify or reduce the Subdivider's guarantee as to all required improvements, irrespective of any release or completion of any category, or underlying component or line item. All improvements in a category shall be deemed complete only when: (1) each and every component and line item within a category for the entire Subdivision has been constructed and completed as required; (2) the Subdivider has notified the City Clerk in writing of the completion of all components of the category, provided all necessary or requested documentation, and requests an inspection; (3) the Subdivider is not in default or in breach of any obligation to the City under this Section 440.120 including, but not limited to, the City's demand for maintenance or for deposit of additional sums for the Subdivision; and (4) the inspection has been completed and the results of the inspection have been approved in writing by the Director.

4. Effect of release—continuing obligations. The Subdivider shall continue to be responsible for defects, deficiencies, and damage to Streets and other required improvements during development of the Subdivision. No inspection approval or release of funds from the construction deposit as to any component or category shall be deemed to be City approval of improvement or otherwise release the Subdivider of its obligation relating to the completion of the improvements until the final Subdivision release on all improvements is issued declaring that all improvements have in fact been constructed as required. Inspection and approval of any or all required improvements shall not constitute acceptance of the improvement by the City as a public improvement for which the City shall bear any responsibility.

5. Deficient improvements. No approval of required improvements shall be granted for improvements that fail to meet the specifications established herein or otherwise adopted by the City.

6. Final construction deposit release. Upon final inspection and approval of all required improvements, the remaining amount of the construction deposit shall be released; provided that no such funds shall be released on a final inspection until the development of the Subdivision is complete, as determined by the Director.

F. Failure to Complete Improvements. The obligation of the Subdivider to construct, complete, install, and maintain the improvements indicated on the approved Improvement Plans shall not cease until the Subdivider shall be finally released by the City. If, after the initial improvement completion period, or after a later period as extended pursuant to this Section 440.120, the improvements indicated on the approved Improvement Plans are not constructed, completed, installed, accepted, and maintained as required, or if the Subdivider shall violate any provision of the deposit agreement, the City may notify the Subdivider to show cause within not less than ten (10) days why the Subdivider should not be declared in default. Unless good cause is shown, no building or other permit shall be issued to the Subdivider in the Subdivision during any period in which the Subdivider is in violation of the deposit agreement or Subdivision Code relating to the Subdivision. If the Subdivider fails to cure any default or present compelling reason why no default should be declared, the City shall declare the Subdivider in default and may take any one (1) or more of the following acts:

1. Deem the balance under the deposit agreement not theretofore released as forfeited to the City, to be then placed in an appropriate trust and agency account subject to the order of the City for such purposes as letting contracts to bring about the completion of the improvements indicated on the approved Improvement Plans or other appropriate purposes in the interest of the public safety, health, and welfare; or

2. Require the Subdivider or lender to pay to the City the balance of the surety not theretofore released; or

3. Require the Subdivider to submit an additional cash sum sufficient to guarantee the completion of the improvements indicated on the approved Improvement Plans after recalculation to allow for any inflated or increased costs of constructing the improvements.

The failure of a Subdivider to complete the improvement obligations within the time provided by the agreement (or any extension granted by the City), and including the payment of funds to the City due to such failure or an expiration of a letter of credit, shall be deemed an automatic act of default entitling the City to all remedies provided in this Section 440.120 without further or prior notice. It shall be the sole responsibility of the Subdivider to timely request an extension of any deposit agreement if the improvements are not completed in the original time period provided by the deposit agreement, and no right to any extension shall exist or be assumed.

G. Other Remedies for Default. If the Subdivider or surety fails to comply with the City's requirements for payment as described above, or fails to complete the improvements as required, or otherwise violates the deposit agreement provisions, and there is a risk that development will continue in the Subdivision without the timely prior completion of improvements or compliance with deposit agreement provisions, the City may in addition or alternatively to other remedies:

1. Suspend the right of anyone to build or construct on the undeveloped portion of the Subdivision. For the purpose of this Subsection 440.120(G), the "undeveloped portion of the Subdivision" means all Lots other than Lots which have been sold for personal use and occupancy or are under bona fide contract for sale to any person for personal use or occupancy. The City shall give the Subdivider ten (10) days' written notice of an order under this Subsection 440.120(G) with copies to all sureties, as appropriate, who have outstanding obligations for any undeveloped portion of the Subdivision and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the City is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of Streets assured as provided herein, the City shall order construction suspended on the undeveloped portion of the Subdivision. The order shall be served upon the Subdivider, with a copy to the issuer of the surety as appropriate, and a copy recorded with the Recorder of Deeds. Public notice of said order shall be conspicuously and prominently posted by the City at the Subdivisions or Lots subject to said order. The notice shall contain the following minimum language, which may be supplemented at the discretion of the designated City Official:

a. If said notice is for a Subdivision:

THIS SUBDIVISION, (name of Subdivision), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF FENTON. NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS SUBDIVISION UNTIL SUCH TIME AS THE CITY OF FENTON REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 440, CITY OF FENTON MUNICIPAL CODE.

b. If said notice is for a Lot:

THIS LOT, (lot number), HAS BEEN DECLARED IN DEFAULT BY THE CITY OF FENTON. NO DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER SHALL TAKE PLACE WITHIN THE LIMITS OF THIS LOT UNTIL SUCH TIME AS THE CITY OF FENTON REMOVES THIS PROHIBITION. ANY DEVELOPMENT, CONSTRUCTION, BUILDING, OR DEMOLITION IN ANY MANNER WHILE THIS PROHIBITION IS IN EFFECT IS ILLEGAL AND SHALL BE ENFORCED PURSUANT TO CHAPTER 440, CITY OF FENTON MUNICIPAL CODE.

The suspension shall be rescinded in whole or in part only when the City is convinced that completion of the improvements is adequately assured in all or an appropriate part of the Subdivision; or

2. Suspend the rights of the Subdivider, or any related entity, to construct Structures in any development platted after the effective date of such suspension throughout City and such incorporated areas as are under City jurisdiction. The City shall give the Subdivider ten (10) days' written notice of an order under this clause, with a copy to sureties known to the City to have obligations outstanding on behalf of the Subdivider or related entities and shall record an affidavit of such notice with the Recorder of Deeds. If, within the ten-day period after notice is given, the City is not convinced by compelling evidence that completion of the improvements is adequately assured and maintenance of Streets assured as provided herein, the City shall order construction suspended. The order shall be served upon the Subdivider, with a copy to the surety as appropriate, and a copy recorded with the Recorder of Deeds. The suspension shall be rescinded only when the City is convinced that completion of the improvements is adequately assured.

H. Suspension of Development Rights. From and after the effective date of this Chapter if a Subdivider, or any related entity, has a Subdivision development improvement guarantee that is in default, as determined by the City, including any escrow or bond under any prior enactment of this Section 440.120:

1. The City shall be authorized, but not be limited, to thereafter pursue the remedies of Subsection (G) of this Section 440.120; and

2. The rights of the Subdivider, or any related entity, to receive development approval, which approval shall include, but not be limited to, approval of any Plat or deposit agreement for new or further development in the City, shall be suspended. The suspension shall be rescinded only when the City is convinced that completion of the improvements is adequately assured.

I. Additional Remedies. If any party fails to comply with any obligation of this Section 440.120, the City may recommend that the City Attorney take appropriate legal action and may also withhold any building or occupancy permits to this Subdivider or related entities until such compliance is cured. The City shall also have the right to partially or wholly remedy a Subdivider's deficiencies or breached obligations under this Code by set-off of any funds or assets otherwise held by the City of the Subdivider to the maximum extent permitted by law. Such set-off shall occur upon written notice of such event by the City to the Subdivider after the Subdivider has failed to timely cure the deficiencies. It shall be deemed a provision of every deposit agreement authorized under this Chapter 440, that the Subdivider shall pay the City's costs, including reasonable attorney's fees, of enforcing this Section 440.120 or any agreement thereunder in the event that the Subdivider is judicially determined to have violated any provision herein or in such agreement.

J. Related Entities. For purposes of this Section 440.120, "related entity" has the following meaning: a Subdivider is a "related entity" of another person.

1. If either has a principal or controlling interest in the other; or

2. If any person, firm, corporation, association, partnership, or other entity with a controlling interest in one has a principal or controlling interest in the other.

The identification of related entities shall be supported by documentation from the Secretary of State's Office, Jefferson City, Missouri.

Section 440.130 Inspections Of Subdivisions During Construction; Permits.

[R.O. 2009 § 480.110]

A. Inspections.

1. The Director and/or the City's engineering consultant shall make periodic inspections of the Subdivision improvements during the progress of construction.

2. The Director shall make his inspections as the official representative of the City.

3. A list of required inspections by the City shall be prepared by the Director.

4. The Subdivider shall notify the Director not less than forty-eight (48) hours in advance of required inspections that work is ready for inspection.

5. The Subdivider shall comply with all other inspection requirements of other agencies having jurisdiction within the City if any improvement in the Subdivision is within another agency's jurisdiction.

6. Any minor changes required during the course of construction shall be reviewed by the Director. All major changes, including increases in density, Lot or Street configuration, or proposed open space must be submitted and reviewed for approval by the Commission and Board.

7. All improvements shall be subject to the inspection and final approval of the Director.

8. The City shall be notified in writing five (5) days before any construction begins.

9. The Director shall be notified forty-eight (48) hours prior to any type of blasting, provided all applicable permits for handling of an explosive agent have been reviewed and approved.

B. Permits. Prior to any land disturbance [as defined in the Land Disturbance Code as adopted in Section 500.010(A)(8)] in any Subdivision, a Land Disturbance Permit shall be obtained pursuant to Section 500.010(A)(8).

Section 440.140 Final Plat.

[R.O. 2009 § 480.120]

A. Purpose. The Final Plat provides a final record of the Subdivision and related improvements including all of the information on the approved Preliminary Plat such as Streets, water lines, and sanitary and storm sewers, and incorporation of any subsequent changes approved by the City. Final Plat approval may only be requested after either:

1. All improvements have been completed in accordance with the approved Improvement Plans, or

2. A performance guarantee for any uncompleted improvements has been posted in conformance with the requirements set forth in Section 440.120.

B. Submission Requirements.

1. The Subdivider shall submit an application for Final Plat on application forms prescribed for this purpose by the Director along with application fee in accordance with Addendum A.[1]

[1] Editor's Note: Addendum A, Fee Schedule, is included as an attachment to Chapter 405.

2. Copies of the Final Plat in the quantities required shall be submitted including the details and supporting information provided in this Subsection.

3. The submitted Final Plat shall conform to the Preliminary Plat. All minor changes, approved in writing by the Director, must be reported to the Commission before submission to the Board. If the Director determines that the changes are substantive, the revised preliminary plans must be returned to the Commission for review and approval.

4. The following certifications shall be submitted with the Final Plat application:

a. Statement from the Director stating that all Streets and other improvements have been properly installed and constructed in accordance with the approved improvements plans; or stating that an improvement guarantee deposit agreement in accordance with this Code has been executed to ensure the completion of all improvements; and

b. Statement from MSD stating that sanitary and stormwater systems have been properly installed.

5. The Final Plat shall be prepared by a registered engineer or land surveyor at a scale of one (1) inch equals fifty (50) feet in any increments of ten (10) feet from an accurate survey on one (1) or more sheets whose maximum dimensions are thirty-six (36) by forty-two (42) inches. In certain unusual instances where the subdivided area is of unusual size or shape, the Director may permit a variation in the scale or size of the Final Plat. If more than one (1) sheet is required, a key map on sheet No. 1 showing the entire Subdivision at reduced scale shall be provided.

6. The Final Plat shall be executed by the owner and lien holder.

7. The Final Plat shall show and be accompanied by the following information:

a. North arrow and graphic scale.

b. The boundary lines within the outboundary lines of the Subdivision with accurate distances and bearings; also all section, U.S. Survey, and congressional township and range lines; and the boundary lines of municipalities, sewer, and public school districts, and other legally established districts within and the name of or description of any of the same adjacent to or abutting the Subdivision.

c. The lines of all proposed Streets and Alleys with their widths and names.

d. An accurate delineation of any property offered for Dedication to public use.

e. The angle of Intersection of all Streets.

f. The boundary lines of all adjoining Lots and Streets and Alleys with their widths and names.

g. All Lot Lines and an identification system for all Lots.

h. All required Setbacks on a typical Lot and easements or Streets, services, or utilities, with figures showing their dimensions and listing types of uses that are being provided.

i. All dimensions and bearings, both linear and angular, radii and arcs, necessary for locating the boundaries of the Subdivision, Lots, Streets, Alleys, easements, Setbacks, and of any other areas for public or private use. The linear dimensions are to be expressed in feet and decimals of a foot.

j. All survey monuments, together with the descriptions.

k. Area in square feet for each Lot on the Final Plat or a supplemental sheet showing same.

l. Name of Subdivision and description of Property Subdivided, showing its location and area.

m. Certification by a land surveyor who performs the property survey to the effect that the Final Plat represents a survey made by him, and that the locations of all required survey monuments, installed or to be installed, are correctly shown thereon. The month and year during which the survey was made shall also be shown.

n. Trust Indentures and trusteeships where required by the City and their periods of existence. Should such indentures and trusteeships be of such length as to make the lettering of same on Final Plat impracticable and thus necessitate the preparation of a separate instrument, reference to such instrument shall be made on the Final Plat.

o. The Subdivision name approved on the Final Plat shall constitute the Subdivision's official name. When a Subdivision name has been changed, all subsequent Plats submitted for processing shall reference the original name, which should include names recorded on Site Plans. Any other name used for advertising or sales purposes does not constitute an official revised name unless approved on a Recorded Plat approved by the Board.

p. If the Subdivider places restrictions on any Property contained in the Subdivision that is greater than those required by the Zoning Code or this Chapter, such restrictions reference thereto should be indicated on the Final Plat and/or recorded Trust Indenture.

q. Zoning District and Zoning District boundary line when Property is located in more than one (1) Zoning District.

r. Accurately note elevation referring to mean U.S.G.S. datum for permanent benchmark.

s. All remaining common ground is to be platted with the recording of the final Lot, unit, or phase of the development.

8. No Final Plat shall be submitted to the Board, until the Subdivider has provided the Director with the following documents as they may be applicable:

a. All required submissions under Section 440.110(B)(3) in the form acceptable to the City.

b. Street lighting contract from applicable utility company. Submittal of contract is optional and is to be accepted in lieu of an increased value for escrow of actual construction costs.

c. Verification of location of fire hydrants and adequacy of water supply from applicable fire district.

d. The latest tax certificate or copy of paid tax bill from the office of the St. Louis County Collector of Revenue.

e. Any special study or engineering calculations required.

f. Letter from MSD certifying connection fees have been paid.

g. Documentation from Corps of Engineers and/or other local, state, or federal agencies indicating all applicable permits have been obtained and notice submitted.

C. Review Procedure.

1. The Board shall have approval authority over Final Plats.

2. If no action is taken within sixty (60) days of submittal of a Final Plat in accordance with this Section, the Board shall notify the Subdivider in writing the reason for the extended time to review such application.

D. Final Plat Approval.

1. Once final approval is granted, the Subdivider shall submit one (1) copy of the approved Final Plat drawn in permanent black ink on mylar to the Community Development Department in addition to two (2) paper copies. The Final Plat(s) shall be signed by the Chairman of the Commission and the City Clerk. However, no Final Plat(s)s shall be signed until all conditions of approval have been met. One (1) paper copy of the signed Plat and (1) Mylar shall be returned to the Subdivider. The Community Development Department shall maintain one (1) paper copy and associated documents on file.

2. The Subdivider shall be responsible for recording the Final Plat with the Recorder of Deeds within sixty (60) days after the signing of the Final Plat and return two (2) paper copies of the Recorded Plat to the City. If any Recorded Plat is not filed within this period, the approval shall expire.

3. The recording of the Final Plat will permit only the conveyance of the approved Lots. No building permit or certificate of occupancy shall be issued except in accordance with the provisions of Chapter 435, Article I.

Section 440.150 Subdivision Indentures.

[R.O. 2009 § 480.130]

A. Establishment of Subdivision Indentures.

1. In any case where the establishment of common land (including pedestrian walkways/bikeways and Cul-De-Sac islands), private streetlighting, drainage facilities such as Detention/Retention Areas and drainage pipe and ditches, or any other improvement that requires continuous maintenance, a Trust Indenture shall be established and recorded simultaneously with the recording of the Final Plat. The Trust Indenture shall provide for proper maintenance and supervision by the trustees who are selected to act in accordance with the terms of such indenture and the applicable provisions of this Chapter.

2. For single Lot developments and developments with no common land, the Board may accept script certifying the means of maintenance on the recorded Final Plat.

3. Any common land shall be conveyed by the owner in fee simple absolute title by warranty deed to trustees whose trust indentures shall provide that the common land be used for the benefit, use, and enjoyment of the Lot or unit owners, present and future, shall be the maintenance responsibility of the trustees of the Subdivision and that no Lot or unit owner shall have the right to convey his interest in the common land except as an incident of the ownership of a regularly platted Lot.

B. Recording of The Trust Indenture.

1. Any Trust Indenture required to be recorded or recorded for the purpose of compliance with provisions of this Chapter shall provide for not less than the following representation of purchasers of developed Lots among the trustees: one-third (1/3) of the trustees shall be chosen by purchasers of developed Lots or units after fifty percent (50%) of the Lots or units have been sold; two-thirds (2/3) of the trustees shall be chosen by purchasers of developed Lots or units after ninety-five percent (95%) of the Lots or units have been sold; all of the trustees shall be chosen by purchasers of developed Lots after all of the Lots have been sold.

2. Each Trust Indenture and warranty deed shall be accompanied by a written legal opinion from an attorney licensed to practice in the State of Missouri setting forth the attorney's legal opinion as to the legal form and effect of the deeds and trust indenture.

3. The deeds and Trust Indenture shall be approved by the Director and the City Attorney prior to being filed with the Recorder of Deeds, simultaneously with the recording of the Final Plat.

C. Term of Trust Indenture.

1. Term of the Trust Indentures for all types of Subdivisions shall be for the duration of the Subdivision. In the event the Subdivision is vacated, fee simple title shall be vested in the then Lot or unit owners as tenants in common. The rights of the tenants shall only be exercisable appurtenant to and in conjunction with their Lot or unit ownership. Any conveyance or change of ownership of any Lot or unit shall convey with its ownership in the common land and no interest in the common land shall be conveyed by a Lot or unit owner except in conjunction with the sale of a Lot or unit. The sale of any Lot or unit shall carry with it all the incidents of ownership of the common land although such is not expressly mentioned in the deed; provided, however, that no right or power conferred upon the trustees shall be abrogated.

2. Provision shall be made for the trustees to be vested with the power to dedicate the Streets to a public body and that prohibits the Subdivider from assessing Lot owners for items or matters that are within the required installation of the Subdivision.